Social care and guardianship of children

Every little person should have loving parents who support them in all situations and accompany them through their first steps and mistakes. But life has a different opinion on this. Often everything does not go according to plan, malfunctions, and unnatural situations are created, as a result of which children are left face to face with pressing problems.

In such unusual cases, children come under the watchful attention of organizations that control various spheres of society and are transferred to favorable conditions. Sometimes social guardianship is established over such minors.

What is social care

Social guardianship and trusteeship in Russia are considered one of the forms of placing children and adolescents in families in situations where they are left without supervision and proper parental care. In a guardianship family, children are created favorable conditions for life and development, they are cared for and given love, they are taught and protected from the first mistakes.

Data about children who find themselves in difficult life situations are received by social care and social protection from reliable sources:

• law enforcement;
• from schools and kindergartens;
• from other informants.

At the same time, a minor has the opportunity to personally contact the guardianship authorities in difficult situations. Here he will definitely receive the necessary advice on any issues, timely help and support.

After checking the actual living conditions, a housing inspection report is drawn up. At the same time, recommendations are made on possible options for resolving the situation.

The priority direction in this case is the suspension of parental care, followed by the execution of an act of separation from children and transfer to a shelter. While the children live in the shelter, active work is underway to find a suitable candidate and the necessary documentation is being prepared.

The main reasons for establishing guardianship for children left without parental support are:

• the parents have various diseases that prevent them from living with their natural child;
• in cases where parents refuse to pick up their children from various social institutions;
• premature death of relatives or temporary incapacity;
• in cases where parents are limited or completely deprived of their rights in relation to the child;
• leaving for a long time without supervision and care.

Often, under such circumstances, children are assigned to live and be raised with a chosen family or sent to full state care in special institutions. Children retain legal rights to receive funds in the form of alimony, social benefits, and housing.

Who are social carers

Any capable citizen who has reached the age of majority, without various serious illnesses, has every right to become a guardian of one or more children and raise them. However, if a citizen was previously deprived of parental rights, he is deprived of this opportunity.

There is a certain list of diseases that prevent the establishment of guardianship. This category includes citizens recognized as incompetent due to a mental disorder, as well as with serious injuries resulting in disability.

Relatives and close acquaintances receive an undeniable advantage when arranging child care. Upon reaching the age of ten, the child goes to a new one only with his consent.

In rare cases, it is possible to transfer a minor into the custody of a candidate chosen by the blood parents. This often happens in cases of serious illness of the parents, an emergency need for a long absence, or during long business trips.

Guardian. Rights and obligations

The guardian fulfills all his obligations strictly within the framework of the agreement. He is a representative of his minor wards and deals with issues of protecting the rights and interests of the child. The guardian has every right to represent the interests of the ward, including in court, and enter into the necessary financial transactions.

Guardians or trustees must take care of the full provision of all needs, timely treatment, spiritual and moral development.

The guardian chooses methods of upbringing based on his own views and preferences, taking into account the recommendations and advice of the guardianship authorities, as well as the opinion of the children. Responsibility for obtaining a complete education is also assigned to him.

He can independently choose both educational institutions for training and the methods of education themselves.

The guardian, at his own discretion, regulates the order of communication with relatives and their relationship.

Responsibilities automatically end when the minor turns 14 years old. After this, social guardianship is established, which is valid until adulthood.

Termination of duties

Social guardianship and trusteeship of citizens under the age of majority are terminated in the following cases:

• premature death of a caregiver;
• return of children to their family of origin;
• moving to live, study and educate in specialized children's institutions;
• at the personal request of the trustee or guardian.

How to apply for social guardianship

If, after weighing all the pros and cons, you decide on social guardianship or trusteeship, then completing the documents will not be difficult and will not take much time.

Where to go

Documents for social guardianship are submitted to the guardianship authorities at the guardian’s permanent place of residence, or to a single state window. Our law prohibits mediation to resolve these issues, so you will have to collect documents and submit them to the necessary authorities yourself.

Required documents

In addition to the application for the possibility of establishing guardianship over orphans and children left without parental care, the following documents are attached:

• passport of the possible guardian,
• a certificate of receipt of income from the place of work for the last year or another document proving the presence of permanent income;
• documents for housing;
• a certificate confirming that the proposed guardian has no criminal record;
• conclusion of a medical commission on health status;
• written permission from each adult family member;
• certificate of completion of foster parent training;
• autobiography of a candidate for guardianship.

Deadlines

After submitting a complete package of documents, the guardianship authorities conduct an inspection of the housing. The decision on the possibility of registering guardianship is made by a commission of the guardianship and trusteeship authorities, and the guardian is notified of the results within three days.

Supervisory authorities

The guardianship and trusteeship authorities at the permanent place of residence are responsible for monitoring the relationship between the guardian and the children.

So, it is very simple to obtain social guardianship over a minor if desired. You need to collect a package of documents, wait for the survey of living conditions and the decision of the commission. That's all. All that remains is to take the baby home, the family to adapt to the new life and enjoy every day.

Social care - powers, responsibilities and protection of rights

Any person should have parents who support them in any situation, accompanying them through their first steps and mistakes. However, different situations happen in life. Often, everything does not go according to plan, malfunctions, unnatural situations are created, as a result of which children are left face to face with difficulties.

In such unusual situations, children come under the watchful eye of institutions that control various areas of society and are transferred to favorable conditions. Sometimes social guardianship is established over such minors.

Functions of guardianship and trusteeship authorities

Social guardianship and trusteeship in the Russian Federation are considered one of the forms of placing children and adolescents in families in situations where they are left without supervision and normal parental care. In the family of guardians, positive conditions for life and development are created for the child, they are cared for and given love, they are taught and protected from the first mistakes.

Authority

The state powers of guardianship authorities consist of work that is interconnected with providing assistance to wards or trustees in acquiring social benefits. services for elderly citizens and children, honey. help.

IMPORTANT! Among the areas of activity there is preparedness and selection of physical. persons expressing their own desire to become guardians or take into the family orphans and people from their environment who remain without parental care.

The powers of the guardianship body include interaction with other executive authorities of the regions of Russia: local government, hospitals, educational organizations. Also, the presented unit works with other institutions whose work is associated with orphans and children who are left without the care of relatives within the framework of Russian law.

The powers of guardianship authorities include:

1. Protection of interests under the law and the rights of persons who want to establish guardianship or guardianship over them.
2. Protecting the interests of people under guardianship or trusteeship.
3. Supervision of the work of trustees and guardians, organizations that house partially or completely incapacitated persons.

Also, representatives of the guardianship councils will monitor the preservation of property and management of the property of those persons who are placed under guardianship, patronage, guardianship or placed under the supervision of district hospitals, educational organizations, including other institutions that are intended for orphans, as well as children left without guardianship of relatives.

Responsibilities

The main responsibilities of guardianship authorities in relation to children are:

• Carrying out actions by PLO employees only in accordance with the law.
• Identifying the rights of children under 18 years of age as the main areas of work.
• Monitoring the standard of living of people under 18 years of age from their official carers.
• Providing housing for orphans, providing psychological and hospital assistance, and providing rehabilitation services.
• Taking into account the child’s opinion when he is over 14 years old.

In a situation where the ward changes his permanent place of residence, the guardianship organization must:

1. Transfer powers of care to the guardianship authority for the relevant entity.
2. Send a specific petition to the regional guardianship organization within 3 days from the moment the minor moves.
3. Personally transfer the waiter's case to a specific organization.

The duties of guardianship authorities also include monitoring the complete safety of the property of the wards until they reach the age of 18 years.

Rights of minor children

The basic rights of children in the family include:

• Living in the family of origin and well-being that contribute to the development of the child’s personality.
• Living with parents in one place until the age of 14.
• Receiving your own name, which is provided by parents by mutual consent, patronymic and last name from dad or mom.
• Open expression of personal position on any issues and issues that relate to his interests and upbringing.
• Maintaining relationships and communication with every close relative, both from the mother’s side and the father’s side.
• Protection of personal rights by all legal means.
• Possession of personal income.

Protection of the rights of minor children

The law determines that the protection of the rights of minors is carried out by their representatives - parents, guardians or trustees. In a situation where the parents’ rights were limited by court order, the interests of the child will be protected by the guardianship authorities.

When parents or adoptive parents are absent, the administration of the organization will act as a guardian when the person is placed.

Read also: Divorce without children: through the registry office, through the court, without property

Options for protecting children's legal rights

There are a number of methods that can be used to protect the interests of a child, which are prescribed by law. Among the main ones:

1. Contacting the government organs. For example, the police, guardianship authorities. You can also contact the Committee on the Rights of Minors, as they work in the areas of preventing legal violations and conducting psychological and social rehabilitation.
2. Proceedings in court. Restoration of the violated rights of minor citizens can be carried out within the framework of civil and administrative procedures. Criminal situations also occur. The claim is submitted by the child's guardian on his own behalf.

When guardianship institutions determine that there is a conflict in the interests of the child and the parents, they cannot represent the minor.

Protecting children's rights in education

The right to free general education is enshrined in law, and violations in this area are quite common. Even when the minor takes various measures for better education, officials of the educational institution are able to demand payment of financial contributions. They are mainly intended for:

• Purchase of textbooks.
• Repair
• Purchasing water.
• Purchases of school uniforms and other expenses that are not related to the training procedure.

ATTENTION! Demanding payments from institutional officials, teachers, and parent committees is considered illegal. When, due to non-payment, a child is hindered in the procedure for obtaining knowledge, he must contact the prosecutor's office.

When a minor needs to continue his education in this institution, legal representatives need to be tactful. A further step is required only in a situation where the previous one did not give a favorable outcome. A joint appeal to each department can cause a negative attitude towards the child on the part of teachers.

Protection of the rights of minors violated in the family

Often, a child needs to be protected from precisely those citizens who must ensure his protection. The problem of early detection of abuse in the family is acute for specialized authorities.

Legal representatives most often endanger the life and health of citizens under the age of 18, as well as their property. A feature of these offenses is the difficulty in defining them. Conflict situations that occur in the family are closed from prying eyes. This creates an additional danger for the baby.

Application to social security authorities

In the social protection system of the region and residents of the Russian country, there are specialized bodies that are responsible for protecting the rights of minors. This is social. guardianship and trusteeship.

Russian guardianship laws are transferred to municipal authorities for implementation. Consequently, any administrative region has its own department.

The exercise of powers is carried out upon application. When a legal representative needs a document to protect the property of a minor, it is necessary to contact the department at the place of registration of the child or the location of the property. When children's rights are violated by parents or guardians, anyone can report this to the guardianship authority.

Restoration of violated rights

Restoration of the violated rights of persons under the age of 18 is carried out in court and involves a comprehensive investigation with the participation of both government bodies and representatives of the law.

The opinion of the department for the protection of children's rights will definitely be heard. Provided that there is a real legal violation, the judicial authority and social care always take the side of the children.

Responsibilities of the authority in relation to the property of wards

The sale of housing, one of the owners of which is considered to be a child, can be carried out only with the consent of the organization in the form of a letter to protect the legal powers of persons under the age of 18 years.

REFERENCE! Authorized employees must require documentary evidence from the child’s legal guardians that an equivalent property is being purchased in exchange for the housing being sold. Otherwise, employees of the guardianship body must refuse the guardian’s application.

The federal organization in question is obliged to monitor the person’s inheritance and how, until the child reaches the age of eighteen, this property is disposed of by his legal guardian. When certain violations or unauthorized waste of the child’s property are detected, guardianship authorities must intervene.

Responsibility for violation of the rights of minors

When a child’s rights are violated, when a signal is received by a specialized body, the perpetrator can be punished. In this case, a complaint can be filed by:

1. The child himself.
2. Mom or dad.
3. Another relative.
4. Neighbour.
5. Teacher.
6. Any other person.

In general, such applications are rarely received by guardianship authorities. Because of this, quite often violators go unpunished.

When information about a violation of rights goes beyond the boundaries of the home or educational organization, the guilty citizens are brought to administrative or criminal liability. During significant violations, parents are able to first impose restrictions and then lose their own rights. In this situation, children are transferred to the care of government agencies.

Social care and trusteeship

Social work aimed at protecting incapacitated adult citizens, orphans and children left without parental care is implemented in the form of guardianship and trusteeship.

Prevention, adaptation and adjustment of life, behavior, and citizens who need care from the state are also possible.

Social guardianship and trusteeship allows you to protect the property and personal non-property interests of children by legal means.

Grounds for establishing guardianship and trusteeship

Establishing guardianship is possible over children under 14 years of age and incompetent adult citizens. At the same time, trust management of their property, as well as the assets of dependents of those under guardianship, must be ensured. Guardianship as a form of social work is established over citizens aged 14-18 years, persons limited in legal capacity due to drug use, alcohol abuse and gambling.

Guardianship can also be established over citizens who, being legally competent, cannot take care of themselves on their own and need patronage. Incapacity, including due to young age, presupposes that a citizen is not able to acquire the rights and obligations established by civil law and the norms of other branches of law.

Limited legal capacity allows you to be the subject of a transaction, but only with the consent of the trustee. Citizens with limited legal capacity may be held responsible for the consequences of their actions, including compensation for damage to victims. A person can be declared legally incompetent by force. To do this, you must submit an application.

The procedure for deprivation of legal capacity is feasible in the case where facts of mental disorder are proven, due to which a person does not understand the consequences of his legally significant actions.

An incapacitated citizen does not have the right to make any transactions with property, with the exception of small financial transactions of an insignificant nature - for example, the purchase of piece products, small household items.

Health departments in local administrations are responsible for identifying mentally ill citizens. A relative of an incapacitated person or representatives of the guardianship service can initiate proceedings in court.

A person must be declared incompetent even before guardianship is established. The applicant may also nominate himself as a guardian.

The guardianship service also has the right, after a court decision, to send a citizen for treatment and rehabilitation to a psychoneurological institution.

If it is necessary to care for a person under care in a hospital, the functions of a guardian are performed by an employee of a medical organization.

The guardianship authorities, after placing citizens in a hospital, release the former guardian from their duties.

A similar rule applies to children in cases where the guardian fails to fulfill his responsibilities, abuses his rights, and does not submit a report on the expenditure of funds allocated for each child.

Conditions for the procedure for establishing guardianship and trusteeship

Social guardianship and trusteeship are established upon the application of interested persons. The responsibility for caring for minors rests with specialists from the guardianship authorities. They:

• take measures to identify dysfunctional families;
• ensure their placement in social institutions;
• are engaged in social adaptation, provide psychological, material and everyday support to children who are left without parental care.

Guardianship authorities must create all conditions for the development and upbringing of children who need social support and do not have the opportunity to be raised normally in their family.

Priority is given to the family form of upbringing of minors - they can be placed temporarily in a foster family, with appropriate material and living support. Guardianship protects the rights of children: ensures trust management of their property.

If necessary, specialists have the right to contact law enforcement agencies and obtain verification of parents and other relatives of minors. The guardianship has the right to file a claim to restrict the parents' rights to personal education of the child or to permanently deprive them of parental rights. Protection of property rights is carried out by filing a claim for the preservation of residential premises for a minor (if it is owned by children). Guardianship authorities also have the right to represent the interests of children in the privatization of housing.

The work of social care representatives

Specialists identify children who have become orphans or are left without parental care. Within three days from the moment such children are identified, guardianship representatives are required to inspect the living conditions of the children. If they do not meet basic sanitary and hygienic standards and the required footage, then children can be removed from the family on a permanent or temporary basis.

Responsibilities of Guardians

Their list includes:

1. Caring for the emotional and material well-being of the child.
2. Interaction with state and municipal authorities, coordinating the time of visiting educational institutions where minors are kept.
3. Ensuring trust management of the property of children who are left without parents or whose parents are deprived of the right to raise a minor. To protect the property of children, a trust management agreement is concluded with a professional manager who takes care of the child’s property until he reaches adulthood, and, possibly, after adulthood, when the child is declared incompetent and cannot be responsible for the consequences of his civil actions.
4. Providing treatment for the ward - placement, if necessary, in medical inpatient and outpatient institutions, registration of disability.
5. Adaptation of minors, patronage of children over 18 years of age, periodic visits to their homes, checking their lifestyle.

The powers of social care are broad. Institutions are supported at the federal level and the level of constituent entities of the Russian Federation. Subsidies provide for the adaptation of children after leaving social institutions.

According to the Federal Law “On Social Assistance”. Residential premises are provided to adults under a social tenancy agreement. The period of provision is at least 5 years.

After this period, citizens and recipients of social housing have the right to register ownership of the living space.

Identification of persons in need of social care and trusteeship

The presence of social guardianship and trusteeship implies that citizens receive support from the state, regions and municipalities, regardless of whether children have biological parents. It is important to promptly identify the fact of trouble and lack of support from parents.

The fact is established taking into account the following characteristics:

• the presence of asocial diseases in children, indicating a lack of hygiene and timely care at the place of residence.
• lack of adequate and balanced nutrition and adequate material support;
• abuse of their rights by biological, adoptive parents or adoptive parents - violence against children, systematic humiliation, mental pressure.

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Seizure and placement under social care is permanent or temporary. Care from the state and the municipality is possible when it is not possible to find a guardian or trustee among the child’s close relatives. It is the adult's responsibility to care for a minor.

Guardianship and trusteeship are permitted only with the consent of the guardians and trustees themselves.

If children are placed in social institutions, then the guardianship functions are assigned to the state, which fulfills its obligations to the minor, provides him with material support, and protects his interests in court.

Powers of social guardians and trustees

Guardianship authorities have the right to file claims and demand from the children’s parents or adoptive parents, including after the adoption is canceled through no fault of the children, to pay alimony. It is possible to deprive biological parents of rights related to the child’s relationship, the right to personal education of a minor (limitation of parental rights).

The placement of minors and adult incompetent citizens under guardianship (trusteeship) is permitted on the basis of an act of the guardianship authority or a court decision. Parents and other close relatives of a minor have the right to challenge guardianship (trusteeship). This requires filing an administrative claim at the location of the guardians and stay of the minor.

The duration of social care is limited to the age of the child. It is possible to place citizens under the guardianship of close relatives.

They will need to submit their application to the guardianship authorities and submit documents that confirm the financial and other well-being of the guardian’s family. Cancellation of social guardianship and guardianship is possible when parents are restored to their rights to raise a child.

Controversial situations related to the care of children and their placement in social institutions must be resolved with the help of a lawyer.

Social care and guardianship of children

• Guardianship is a form of arrangement for minor citizens (minor citizens under the age of fourteen), in which citizens (guardians) appointed by the guardianship and trusteeship authority are the legal representatives of the wards and perform all legally significant actions on their behalf and in their interests.
• Guardianship is a form of arrangement for minor citizens aged fourteen to eighteen years, in which citizens (trustees) appointed by the guardianship and trusteeship authority are obliged to provide minor wards with assistance in the exercise of their rights and fulfill their duties, protect minor wards from abuse by third parties, as well as give consent to adult wards to perform actions in accordance with Article 30 of the Civil Code of the Russian Federation.
• Guardianship or trusteeship is established over children left without parental care for the purpose of their maintenance, upbringing and education, as well as to protect their rights and interests.
• Guardianship is established over children under the age of fourteen.
• Guardianship is established over children aged fourteen to eighteen years.

Only adults with legal capacity can be appointed as guardians (trustees) of children. Persons deprived of parental rights cannot be appointed as guardians (trustees).

1. When assigning a guardian (trustee) to a child, the moral and other personal qualities of the guardian (trustee), his ability to perform the duties of a guardian (trustee), the relationship between the guardian (trustee) and the child, the attitude of family members of the guardian (trustee) towards the child are taken into account, as well as if possible, the desire of the child himself.
2. Persons with chronic alcoholism or drug addiction, persons suspended from performing the duties of guardians (trustees), persons with limited parental rights, former adoptive parents if the adoption was canceled due to their fault, as well as persons who, for health reasons, are not appointed as guardians (trustees). cannot fulfill the responsibilities of raising a child.
3. A child under guardianship (trusteeship) has the right to maintenance, funds for which are paid monthly to his guardian (trustee). The assignment and payment of monthly funds are made in all cases of establishing guardianship (trusteeship) over orphans and children left without care parents, until they reach the age of 18, including the month of their birth, except for the case when guardians (trustees) are appointed at the request of the children’s parents in the manner prescribed by Federal Law of April 24, 2008 No. 48-FZ “On Guardianship and Trusteeship”.
4. LIST OF DOCUMENTS FOR ESTABLISHING CUSTODY/GUARDIANESS OVER A MINOR CHILD

(Approved by Decree of the Government of the Russian Federation dated May 18, 2009 No. 423)

The candidate for guardian (trustee) represents:

Documents for a child placed under guardianship (trusteeship)

Issues of guardianship and trusteeship of minors fall within the competence of the department for the protection of children's rights of the Department of Guardianship and Trusteeship of the Administration of the city of Smolensk. The main areas of activity of specialists in the children’s rights protection department are:

• identification, registration and placement of orphans and children left without parental care (in an organization for orphans and children left without parental care, for full state support, transfer to guardianship/trusteeship);
• supervising the activities of guardians/trustees
• control and support of families of children in their care;
• participation in court hearings on issues of protecting the rights of minors;
• preparing materials and opinions at the request of courts and prosecutors, conducting surveys of the living conditions of minors;
• other issues related to the protection of the rights of minors within its competence.

Reception days for department specialists: Monday from 14.00 to 17.00, Wednesday from 10.00 to 13.00; Dzerzhinsky street, building 9, rooms 4, 5, 6.

Guardianship and trusteeship of children

Only adults with legal capacity can be appointed as guardians (trustees) of children, with the exception of persons deprived or limited in parental rights, patients with chronic alcoholism or drug addiction, suspended from the duties of guardians (trustees), former adoptive parents, if the adoption was canceled due to their fault, as well as persons who, for health reasons, cannot fulfill the responsibilities of raising a child. When assigning a guardian (trustee) to a child, the moral and other personal qualities of the guardian (trustee), his ability to fulfill his duties, the relationship between him and the child, the attitude of the guardian's (trustee's) family members towards the child, as well as, if possible, the wishes of the child himself are taken into account. . Children who are under full state care in educational, medical, social and other similar institutions are not assigned guardians (trustees). The implementation of their duties is entrusted to the administration of these institutions.

• The rights of children under guardianship (trusteeship) are regulated by Article 148 of the RF IC and include the rights to:
• providing conditions for the maintenance, upbringing, education and comprehensive development of the child, respect for his human dignity;
• alimony, pensions, benefits and other social payments due;
• preservation of the right of ownership or right of use to residential premises, and in the absence of residential premises - the right to receive it in accordance with housing legislation;
• protection from abuse by a guardian (trustee).
• In addition, children under guardianship (trusteeship) also have the right to communicate with their parents and other relatives, as well as the right to express their opinion when resolving any issue in the family that affects their interests.
• education in the family of a guardian (trustee), care on his part and living together;

The rights and responsibilities of a child’s guardian (trustee) are prescribed in Article 150 of the RF IC.

A guardian (trustee) has the right and obligation to raise a child under guardianship (trusteeship), to take care of his health, physical, mental, spiritual and moral development.

He has the right to independently determine the ways of raising the child, taking into account his opinion and recommendations of the guardianship and trusteeship authority.

The guardian (custodian) has the right to demand in court the return of a child under guardianship (trusteeship) from any persons holding him without legal grounds, including from close relatives. However, he does not have the right to prevent the child from communicating with his parents and other close relatives, except in cases where it does not meet the interests of the child.

The duties of guardianship and trusteeship are performed by the guardian (trustee) free of charge. For the maintenance of the child, the guardian (trustee) is paid monthly money in the manner and amount established by the laws of the constituent entities of the Russian Federation.

Guardianship and care as a social technology

Guardianship and trusteeship are legal forms of protection of personal, property rights and interests of citizens in cases provided for by law. Guardianship is established over young children under 14 years of age, over citizens declared incompetent by a court due to a mental disorder, as well as over the property of missing citizens in the interests of the latter and their dependents.

Guardianship and trusteeship authority

The guardianship and trusteeship bodies are local government bodies.

A guardian and trustee are appointed by a resolution of the head of the district, city, district administration in the city at the place of residence of the person in need of guardianship (trusteeship) or at the place of residence of the future guardian (trustee).

A guardian (trustee) can be any adult capable citizen, with the exception of persons who have ever been removed from the duties of a guardian (trustee), deprived or limited in parental rights, former adoptive parents, if the adoption was canceled due to their fault.

When choosing guardians (trustees), preference is given to relatives and other most worthy persons. In particular, guardians of young children must have the qualities of a teacher. The guardian (trustee) is issued a certificate of the established form.

A citizen can be appointed as a guardian or trustee only with his consent. If the child over whom guardianship is established is ten years old, the child’s consent is also required.

The guardian represents the interests of the child in all spheres of social life and in relations with any individuals or legal entities.

In the interests of the child and on his behalf, he has the right to make all necessary transactions, including purchase and sale agreements, etc.

What is child guardianship and guardianship? Rights of guardianship authorities

Not everyone has a good idea of ​​what guardianship and trusteeship are and how the work of guardianship and trusteeship bodies is structured. But, for some reason, they believe in advance that their activities are not very personable.

When people in our society hear the words “guardianship authorities,” an unpleasant picture immediately appears: children are taken away, mothers are deprived of parental rights, etc.

Read also: How to sue for child support: through government services

No one even believes that these bodies can work for the benefit of society, the child and the family. And they work, another thing is that only those events that have resonance are made public. And it is always bad events that resonate with us. But not everything is as it seems at first glance.

Let's consider what rights and responsibilities this institution has. What should it do and whose rights to protect.

Functions of guardianship and trusteeship bodies (TBO)

The following should be immediately noted. The powers, functions, tasks, rights and responsibilities of guardianship authorities are regulated by law.

There is federal law No. 48-FZ of the Russian Federation, which is called “On guardianship and trusteeship ,” adopted in 2008.

What is this organ?

According to the Federal Law, the guardianship authority is an executive body represented in each specific region of Russia.

The main goal of his work is to ensure the normal life of minor children and other persons in need of care. It doesn’t matter where these people stay: in a family or in a boarding school, each of them must be monitored.

What do representatives of these bodies do?

Here it is imperative to disclose the functions of the guardianship and trusteeship authorities.

The main ones among them are the following:

• This is the identification of cases that confirm the social orphanhood of children. That is, revealing the facts that even in existing families, children are left to their own devices and their rights are violated by the parents themselves. These cases include beating of a child, improper care, etc.;
• In cases of removal of minors from their parents, search and selection of candidates who can become the child’s adoptive father and mother;
• Constant protection of the rights and freedoms of all orphans in the region, both in guardian families and in boarding schools;
• Providing assistance to those children who are left without the care of parents and other adults. Assistance is expressed in providing a minimum set of goods for life: food, basic necessities, clothing;
• In litigation in which children participate, representation of their interests in court. That is, the guardianship representative in court must always be guided solely by the interests of the child, and not by the interests of other persons. Another thing is that in such cases you have to make very difficult and fateful decisions.

Who has the right to communicate with the child?

If you carefully study the functions of the guardianship authorities, you can draw the following conclusion.

Guardianship and trusteeship is the main task

The main task is to help those children and teenagers who, by the will of fate, find themselves in a very difficult life situation, including through the fault of their parents.

The law on the Russian Federation’s PLO provides for the following tasks that must be performed by these government officials:

• This is to ensure the protection of the rights and interests of those citizens who are under guardianship or trusteeship;
• Protecting the interests of those who directly need guardianship or trusteeship;
• Monitoring the actions of those citizens who have become official trustees and guardians;
• Mandatory control over the safety of the property that legally belongs to minor citizens who have lost their natural parents;
• Control over institutions and organizations where disabled children reside;
• Other tasks and goals, the achievement of which should improve the situation of each individual child.

The goals are quite humane. Another thing is that guardianship and trusteeship still depend on the specific employee and his desire to help.

After all, everyone approaches their work differently, so their work efficiency may differ.

Responsibilities of guardianship authorities

To achieve the set goals and results, each employee of this body must be assigned specific functional responsibilities. For failure to comply with which, the employee may be suspended from work.

Let's consider the responsibilities of the guardianship and trusteeship authorities in accordance with the previously mentioned Federal Law.

Employee Responsibilities:

• Monitoring the lives of minors who have been taken under guardianship or guardianship. This responsibility is to track down the facts of violence or improper care of the child. As a rule, such cases are not isolated;
• Protecting the rights and interests of children in difficult life situations. The essence of this duty is that the employee must understand what is best for the child: removal from the family or further upbringing in it. It is better to give it to a grandparent to raise or take it to a boarding school, etc. In other words, employees must always make a decision: what is best for the baby;
• Ensure that the child’s opinion is always taken into account if he is over 14 years old. Guardianship authorities do not always have to make decisions on their own; they must also take into account the opinion of a child over 14 years old;
• Providing services that provide assistance in difficult situations. Such services include psychological assistance, medical assistance, and others. At the same time, this does not mean that PLOs themselves provide such services; they are not always competent in this. They just have to make sure that they are provided: call a doctor, a psychologist, send the baby to rehabilitation. In most cases, guardianship authorities constantly cooperate with local authorities, charities and other organizations. Therefore, if necessary, they have the opportunity to help.

Child's guardian. How to become a guardian.

Thus, having considered these responsibilities, it becomes clear what guardianship and trusteeship are and what the guardianship and trusteeship authorities do.

Features of the work of guardianship authorities

But there is one nuance that very often not everyone knows or pretends not to know. When a child moves to a new place of residence, this does not mean that the responsibility of the OOO of that region is relieved.

By law, these government officials are simply required to do the following:

1. Completely transfer information about a specific problem family or sponsored child to another regional government office;
2. It is mandatory to draw up a petition to take control of a certain entity. At the same time, there are deadlines for drawing up an application. No more than 3 days from the moment it became known about the subject’s move;
3. Transfer a personal file that was obviously in the name of the child or family.

Speaking also about the responsibilities of the PLO, one cannot help but consider separately the issue of the fact that they are assigned the task of preserving the property of the ward.

What could such a duty be expressed in?

For example, if the property belongs to several owners, among whom there is a minor under guardianship, then the apartment can be sold only with the written permission of the guardianship authorities themselves. To do this, other owners must submit an application to the guardianship and trusteeship authorities.

The PLO will never issue written permission for a real estate transaction unless they have guarantees in return. That the child will be provided with residential property with conditions no worse than the current ones.

• If the child is placed under guardianship or guardianship, then his legal guardian will dispose of the property accordingly.
• And in this case, the PLO must necessarily control such a guardian in matters of property disposal.
• It is necessary to ensure a situation in which property and funds will be used only in the interests of the child, but no more.

Powers of OOP

In order to achieve your goals and be able to fulfill your direct responsibilities, you must have certain powers. If you do not have such powers, then it is quite difficult to fulfill your duties.

Guardianship and trusteeship of children

Powers of guardianship and trusteeship authorities:

• Identification of cases when the need to provide assistance to a minor will be established;
• Filing an application to the court to declare a citizen, for example, a mother or father, incompetent;
• The right to establish child custody. Establishment of guardianship with the appointment of a guardian for the child;
• Making decisions that children should be removed from the family and placed in a boarding school or other organizations;
• Making a decision that a particular guardian or trustee is unable to perform his/her direct duties. Removal of a child from a guardianship family;
• Granting permission for a transaction regarding the sale of property in which the child owns a share;
• Signing an agreement that the PLO will be the manager of the property owned by the minor. The contract is concluded on the basis of the norms of the Civil Code of the Russian Federation, in particular Art. 38;
• Representation of any interests of a minor citizen;
• Checking all living conditions of children in families with natural parents, guardians and trustees;
• Carrying out consulting and explanatory work. With potential trustees and guardians regarding their responsibilities and rights. Selection of children who need care;
• Providing a variety of assistance to all subjects who take part in the baby’s life;
• Other powers that do not contradict the Federal Law.

Who controls the OOP?

But if such powers and responsibilities are provided for the PLO, then a completely logical question arises. And to whom do the guardianship and trusteeship authorities report?

The following authorities exercise control over the activities of guardianship and trusteeship bodies:

1. Local authorities, that is, local authorities;
2. The Federal Service for Supervision of Education and Science, that is, the well-known Rosobrnadzor.

The competence of other government bodies does not include control over the PLO. True, this is at the federal level.

At the regional level, local decisions may establish additional expanded rights for some organizations. Organizations whose competence includes monitoring the guardianship authorities.

But where should you go if facts of incompetent treatment by PPP employees or improper performance of their duties are discovered?

In this case, it is necessary to write a statement to the prosecutor's office. Where will the investigation be conducted or the case resolved in court?

Thus, guardianship and trusteeship are provided with a variety of functions and tasks.

But their main goal is to provide the child with the conditions that can ensure a normal life.

And it doesn’t matter where he lives: in his own family, in a boarding school or with guardians. Control must be everywhere.

Another thing is that the PLO must have good motivation.

After all, a child’s life may depend on their conscientious work.